Challenges Faced by Domestic Workers in South Africa Post 1994

Since the advent of democracy in 1994, domestic work in South Africa has remained a vital yet undervalued sector, predominantly occupied by Black African women and profoundly influenced by the persistent legacies of apartheid, race-based labour practices, and gender inequality. Despite significant legal advancements, including the enactment of Sectoral Determination 7 in 2002, South Africa’s ratification of the ILO Convention 189 in 2013, the equalization of the National Minimum Wage for domestic workers in 2022, and the landmark Mahlangu v Minister of Labour decision in 2020, which extended coverage under the Compensation for Occupational Injuries and Diseases Act (COIDA), domestic workers continue to confront substantial structural and socio-economic challenges. These challenges encompass persistently low wages, informal and precarious employment conditions, limited access to social protection, and inadequate enforcement of labour legislation within private households. Migrant domestic workers remain particularly vulnerable to exploitation due to their precarious legal status and lack of representation. These challenges are further exacerbated by gendered power dynamics, which contribute to the invisibility and undervaluation of care work. Drawing upon recent labour force statistics, legislative developments, judicial decisions, and research conducted by civil society organizations, this paper critically examines the disparity between policy and practice within the domestic work sector. It highlights the resilience and agency of domestic workers, including their efforts to organize and advocate for improved working conditions, while identifying key areas for policy intervention. Accordingly, the study advocates for a more inclusive, integrated, and rights-based approach to domestic work that prioritizes dignity, equity, and social justice in post-apartheid South Africa.